Resolving presidential term limits in transitional justice processes: Revisiting the 2015 Burundi Crisis

Resolving presidential term limits in transitional justice processes: Revisiting the 2015 Burundi Crisis

Author: John-Mark IYI

ISSN: 2521-2621
Affiliations: Associate Professor and Director of the African Centre for Transnational Criminal Justice, University of the Western Cape, Cape Town, South Africa
Source: African Yearbook on International Humanitarian Law, 2022, p. 1 – 19
https://doi.org/10.47348/AYIH/2022/a1

Abstract

The efforts to resolve the conflict in Burundi through the implementation of transitional justice have been fraught with many challenges. The crisis in Burundi took a new twist in June 2020 with the sudden passing of one of the major roleplayers, President Pierre Nkurunziza. However, this has not resolved the crisis in any significant way so far, and it is imperative to revisit and examine some of the underlying legal issues and draw some lessons for the future. In this article, I argue that the Burundi crisis, arising from the third-term bid of then President Nkurunziza, presented a conflict of two legal orders—the domestic constitutional order of Burundi and the African Union legal order as embodied in a number of regional treaties, principally, the African Union Constitutive Act and the Charter on Democracy and Governance. This clash made it difficult, if not impossible, to achieve a different outcome when expectations came in direct conflict with decisions of the highest court in the Burundian legal order. External actors should be more circumspect and approach election-related legal processes more cautiously, because, ultimately, it is the domestic courts that will decide such cases.

An analysis of policy-oriented jurisprudence at the International Criminal Tribunal for the former Yugoslavia (ICTY): A lemniscate of natural law, legal positivism and two liberalisms?

An analysis of policy-oriented jurisprudence at the International Criminal Tribunal for the former Yugoslavia (ICTY): A lemniscate of natural law, legal positivism and two liberalisms?

Author: Albert Nell

ISSN: 2521-2621
Affiliations: Lecturer, Faculty of Law, University of the Free State, South Africa
Source: African Yearbook on International Humanitarian Law, 2022, p. 20 – 34
https://doi.org/10.47348/AYIH/2022/a2

Abstract

Policy-oriented jurisprudence was used to substantively support certain arguments rendered by the International Criminal Tribunal for the former Yugoslavia (ICTY) in two cases, namely those against Dražen Erdemović and Pavle Strugar. Based on its limited use, the policy-oriented approach was clearly not a popular source of justification for arguments at the ICTY. However, its inclusion in structures of argument reveals at least some support for it. In the process of suggesting possible reasons why this particular theoretical approach was utilised in the justification of argument, this article aims to briefly discuss the broader philosophical tensions visible in the reliance on policy-oriented jurisprudence at the ICTY, viz, natural law/legal positivism, on the one hand, and the ‘two liberalisms’, identified by Darryl Robinson as inherent to international criminal law (ICL), on the other hand. Given that policy-oriented jurisprudence’s inclusion in ICL judgments makes its future invocation in ICL literature and judgments possible, the purpose of delving into the broader theoretical paradigms involved is important for the emergence of a coherent jurisprudence.

The International Criminal Court and immunity: South Africa’s legal obligations

The International Criminal Court and immunity: South Africa’s legal obligations

Author: Chelsea Anne Ramsden

ISSN: 2521-2621
Affiliations: LLM International Human Rights Law, University College Dublin; Legal Consultant, RSLV Legal
Source: African Yearbook on International Humanitarian Law, 2022, p. 35 – 53
https://doi.org/10.47348/AYIH/2022/a3

Abstract

February 2022 marked the invasion of Ukraine by the Russian Federation (Russia). The instantaneous and vehement reaction from the international community underscores the gravity of the situation. Calls for Russian President Vladimir Putin (President Putin) to immediately halt the invasion and cease the perpetration of senseless attacks and atrocities against the people of Ukraine resounded across nearly every corner of the globe. The invasion has garnered international attention, and there have been many calls for accountability—for President Putin and for those under his command who committed these acts on his orders. Various organisations and academic circles have already delved into this query, with suggestions ranging from establishing specialised ad hoc or hybrid tribunals to prosecuting individuals implicated in crimes within Ukraine.

The only true fragmentation in international law: Jus ad bellum and jus in bello

The only true fragmentation in international law: Jus ad bellum and jus in bello

Author: Ilias Bantekas

ISSN: 2521-2621
Affiliations: Professor of International Law, Hamad Bin Khalifa University (Qatar Foundation) and Adjunct Professor of Law, Georgetown University, Edmund A Walsh School of Foreign Service
Source: African Yearbook on International Humanitarian Law, 2022, p. 54 – 66
https://doi.org/10.47348/AYIH/2022/a4

Abstract

This article supports a very simple hypothesis, namely that the international law regulating recourse to armed force (jus ad bellum) is necessarily fragmented from the body of law regulating the conduct of hostilities (laws of war or jus in bello). This hypothesis is tested through a series of steps and deductions, all of which aptly justify the original hypothesis as a matter of reason, fundamental notions of justice and downright practicality. Ultimately, if international humanitarian law (IHL) is not uniformly applied to all sides of the conflict and its enforcement is dependent on which party is considered the aggressor, this body of law is effectively of no use, and we are drawn back to very dark times that this author would like to think have long been overcome. If these two bodies of law were not fragmented by the very conduct of states or by reference to the respective treaties, we would be forced to spell it out loud in order for both fields of regulation to be meaningful and mutually reinforcing.

Book Review: War by Andrew Clapham (2021), Oxford University Press, 624 pp, ISBN 9780198810476

Book Review:War by Andrew Clapham (2021), Oxford University Press, 624 pp, ISBN 9780198810476

Author: André Stemmet

ISSN: 2521-2621
Affiliations: Senior State Law Adviser (International Law), South African Department of International Relations and Cooperation
Source: African Yearbook on International Humanitarian Law, 2022, p. 67 – 71
https://doi.org/10.47348/AYIH/2022/a5

Abstract

None

Book Review: Informers Up Close by Mark Drumbl & Barbora Hola (2024) Oxford University Press, 272 pp, ISBN 9780192855138

Book Review: Informers Up Close by Mark Drumbl & Barbora Hola (2024) Oxford University Press, 272 pp, ISBN 9780192855138

Author: Mia Swart

ISSN: 2521-2621
Affiliations: Visiting Professor, School of Law, University of the Witwatersrand
Source: African Yearbook on International Humanitarian Law, 2022, p. 72 – 77
https://doi.org/10.47348/AYIH/2022/a6

Abstract

None

Financial Services Tribunal decisions: Singh v NMI Durban Motors (Pty) Ltd Case number FSP61/2022; [2023] COMPTRI 115 (16 October 2023)

Financial Services Tribunal decisions: Singh v NMI Durban Motors (Pty) Ltd Case number FSP61/2022; [2023] COMPTRI 115 (16 October 2023)

Author Daleen Millard

ISSN: 2517-9543
Affiliations: Dean: Faculty of Law, Thompson Rivers University
Source: Juta’s Insurance Law Bulletin, Volume 26 Issue 4, 2023, p. 86-88

Abstract

None

Financial Services Tribunal decisions: Wilmic Trust v Riebeeckstad Makelaar CC and Others Case number A31/2023; [2023] ZAFST 149 (31 October 2023)

Financial Services Tribunal decisions: Wilmic Trust v Riebeeckstad Makelaar CC and Others Case number A31/2023; [2023] ZAFST 149 (31 October 2023)

Author Daleen Millard

ISSN: 2517-9543
Affiliations: Dean: Faculty of Law, Thompson Rivers University
Source: Juta’s Insurance Law Bulletin, Volume 26 Issue 4, 2023, p. 88-90

Abstract

None

Financial Services Tribunal decisions: White v Liberty Group Ltd Case number FSP47/2023; [2023] ZAFST 169 (6 December 2023)

Financial Services Tribunal decisions: White v Liberty Group Ltd Case number FSP47/2023; [2023] ZAFST 169 (6 December 2023)

Author Daleen Millard

ISSN: 2517-9543
Affiliations: Dean: Faculty of Law, Thompson Rivers University
Source: Juta’s Insurance Law Bulletin, Volume 26 Issue 4, 2023, p. 91-92

Abstract

None

Financial Services Tribunal decisions: Nenweli v King Price Insurance Company Case number FSP61/2023; [2023] ZAFST 165 (30 November 2023)

Financial Services Tribunal decisions: Nenweli v King Price Insurance Company Case number FSP61/2023; [2023] ZAFST 165 (30 November 2023)

Author Daleen Millard

ISSN: 2517-9543
Affiliations: Dean: Faculty of Law, Thompson Rivers University
Source: Juta’s Insurance Law Bulletin, Volume 26 Issue 4, 2023, p. 92-93

Abstract

None